Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 14-CP | Hanoi, January 27, 1995 |
SETTING UP THE VIETNAM ELECTRICITY CORPORATION AND ISSUING ITS STATUTE
THE GOVERNMENT
Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Proceeding from the conclusion reached at the meeting of the Government on the 6th of January, 1994;
Considering the proposal of the Minister of Energy concerning the implementation of Decision No.91-TTg on the 7th of March, 1994 of the Prime Minister on the trial founding of business corporations.
DECREES:
...
...
...
The Ministers, the heads of the ministerial-level agencies and the agencies attached to the Government, the president of the People's Committees in the provinces and cities directly under the Central Government, the Managing Board and the General Director of the Vietnam Electricity Corporation shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet
ON THE ORGANIZATION AND OPERATION OF THE VIETNAM ELECTRICITY CORPORATION
(Issued together with Decree No. 14-CP on the 27th of January, 1995 of the Government)
...
...
...
The Corporation shall have to invest in developing the electric industry, organize production and consumption of electricity to ensure the need in electric energy for production and life, in conformity with the requirement and orientation of the socio-economic development strategy of the country, and with the tasks assigned by the Prime Minister in each period of the plan.
The Office of the Corporation is located in the city of Hanoi.
The international transaction name of the Corporation is ELECTRICITY OF VIETNAM, or EVN in abbreviation.
Article 6.- The organizational structure of the Corporation comprises the following:
1. The Managing Board. This Board is assisted by a Supervisory Commission and the Office of the Corporation.
...
...
...
3. The member units of the Corporation.
The members of the Managing Board shall be appointed by the Prime Minister at the proposal of the Minister of energy. Before making a proposal, the Ministry of Energy must have a written consent of the Minister-Chairman of the Government Commission on Organization and Personnel.
Article 8.- The Managing Board of the Corporation shall have five full-time members:
- The President,
- A Vice President,
- The General Director,
...
...
...
Article 9.- The Managing Board has the following tasks and powers:
1. Together with the General Director, sign and take delivery before the State of the natural resources, land and capital (including debts) under State ownership, comprising also the fixed assets and the personnel, with a view to the realization of the targets and tasks assigned by the State to the Corporation;
2. Examine and endorse the plan for allocation of funds and debts, preservation and development of the fund, and the plan for regulating and mobilizing capital proposed by the General Director, witness the re-allocation by the General Director, witness the re-allocation by the General Director of the resources stipulated at Item 9.1 to the member units for utilization, preservation and development, according to the objectives already ratified by the Managing Board;
3. Supervise and inspect the implementation by the General Director and the member units of the plan for the utilization, preservation and development of the resources assigned by the State, execute the resolutions and decisions of the Managing Board, the law and discharge the obligations to the State;
4. Adopt the proposals of the General Director and submit them to the Prime Minister for ratification concerning the strategy, overall planning and concrete plans for long-term development, including the five-year plans of the Corporation; decide the annual plans of the Corporation so that the General Director may assign it to the member units;
5. Submit to the Prime Minister for ratification, and if it is empowered by the Prime Minister, decide the projects of joint venture with foreign countries as prescribed by the Government; decide the joint venture projects within the country and the economic contracts of great value. Submit to the Prime Minister for decision to invest in projects of Group A; submit to the Minister controlling the concerned service for decision on projects in Group B; and decide on the investment in projects in Group C. Empower the General Director, or the Director of a member business, to ratify the small investment projects. Ratify the plan for organization of production and business, and organization of management at the member units. Coordinate with the local administration and mass organizations in the protection of the national property and electricity safety;
6. Adopt the plan for the State-administered price of electricity proposed by the General Director, and submit it to the Prime Minister for ratification. Issue and supervise the implementation of the quotas and economic and technical norms, including the wage unit price, the unit price and norms in specialized construction, the product standard, trademark of commodities, the prices of products and services applied within the Corporation at the proposal of the General Director, on the basis of the common regulations of the electric service and of the country;
7. Elaborate and submit to the Prime Minister for approval the Statute on the organization and operation of the Corporation, and the amendments and supplements to the Statute of the Corporation; ratify the Statute on the organization and operation of the member units, and the amendments and supplements to these Statutes at the proposal of the General Director, propose the founding, splitting, merger or dissolution of member units as prescribed by the Government; decide to open representative offices and branches of the Corporation inside and outside the country, according to the regulations of the Government.
Decide the overall personnel of the managerial apparatus of the Corporation, and readjust it when necessary, at the proposal of the General Director.
...
...
...
Propose to the Prime Minister to appoint, dismiss, commend or discipline the General Director, propose to the Minister of Energy to appoint, dismiss, commend or discipline the Deputy General Directors at the proposal of the General Director, decide the appointment, dismissal, commendation or discipline of the Directors of the member units at the proposal of the General Director.
8. Ratify the proposal of the General Director about the setting up and utilization of the concentrated funds, in conformity with the business plan and the financial plan of the Corporation, under the guidance of the Ministry of Finance;
9. To adopt the annual general financial report (including the review of property) of the Corporation and of the member units in the Corporation, and request that the General Director make public the financial report of the Corporation as prescribed by the Ministry of Finance.
Article 11.- Working regime of the Managing Board:
1. A term of office of a member of the Managing Board is five years. The Board members may be re-appointed. The term of office of the new members is calculated from the date of the appointment.
2. The Managing Board shall hold regular sessions as prescribed by the Board, in order to examine and decide questions coming under the tasks, powers and responsibilities stipulated in Article 9 and Article 10. At the close of the fiscal year, the Managing Board shall meet to examine the results of business, adopt the report of the Supervisory Commission, the general financial report, and the business plan of the following year.
3. The Managing Board may meet in extraordinary sessions to solve unexpected affairs, at the request of the President of the Board, or more than half of the members, or the General Director.
4. The President of the Managing Board shall convene and preside over all the meetings of the Board, except when he is absent by force majeure, in which case he shall empower the Vice President to preside over the meeting. The meeting can be held only with the participation of a least two thirds of the members of the Board.
...
...
...
6. When the Managing Board meets to examine questions related to the rights and obligations of workers and public servants, it shall have to propose to the service Trade Union to send its competent representative to attend the meeting. This representative is entitled to speak, but shall not take part in the vote, and he has the right to send his protest to the Managing Board and the authorized State agencies, the service Trade Union and the Vietnam General Confederation of Labor, if he deems that certain resolutions or decisions of the Managing Board affect the rights, interest and obligation of workers and public employees in the Corporation.
7. The Managing Board shall apply the working regime of collective adoption of resolutions and decisions at the meetings, through voting on the principle of endorsement by the majority of the members of the Board. The documents and agenda of each meeting must be sent by the President of the Managing Board to all members of the Board and the invited representatives five days before the meeting at the latest. The contents and conclusions of the meeting must be recorded in the minutes and signed by all Board members participating in the meeting.
8. The resolutions and decisions of the Managing Board are binding to the entire Corporation. In case the resolutions or decisions of the Board vary with the opinion of the General Director, the latter still has to carry them out. At the same time, he is entitled to maintain his reservations, and report them in writing to the concerned Minister and the Prime Minister.
Article 13.- The Supervisory Commission:
1. The Managing Board shall set up the Supervisory Commission to supervise and inspect the financial, production and business activities within the Corporation, according to law and the Statute of the Corporation. The Managing Board shall define the tasks and concrete powers of the Supervisory Commission.
The Supervisory Commission shall comprise five persons headed by a member of the Managing Board. In addition, two specialized members of the Supervisory Commission are employees in the apparatus of the Corporation appointed by the President of the managing Board with the consent of the Executive Committee of the service Trade Union. It also includes a representative of the General Department of State Capital and Property Management at the business to be appointed by the General Department Head, and a representative of the Ministry of Energy appointed by its Minister. The two latter members shall work part-time in the Supervisory Commission.
2. The tenure of the members of the Supervisory Commission is five years. Any member who does not accomplish his/her task in the process of work shall be replaced. The tenure of a newly appointed member is calculated from the date of his/her appointment.
3. The Supervisory Commission operates according to the program and tasks assigned by the Managing Board. It shall report to the Managing Board about the results in supervising and control work at the request of the Managing Board, and make suggestions on strengthening and perfecting the management of all aspects of the activities of the Corporation according to the Statute and law.
...
...
...
5. The operating expenses of the Supervisory Commission shall be defrayed by the Managing Board, and is accounted for in the operating expenditures of the Managing Board.
THE GENERAL DIRECTOR AND THE ASSISTING APPARATUS
2. The Deputy General Directors are assigned and empowered by the General Director to manage and direct one or a number of areas of activity of the Corporation.
3. The Office and the specialized and professional departments have the function of acting as consultants and assistants to the General Director in the managing and direction of the Corporation's work.
4. The managerial expenses of the apparatus of the Corporation (including the expenses for the activities of the Managing Board) shall be accounted for in the production cost in the overall plan of the Corporation.
Article 15.- The General Director has the following tasks and powers:
...
...
...
2. To elaborate and submit to the Managing Board the development strategy, the overall planning and the five-year and annual plans, the plan of the Corporation for protection and exploitation of natural resources, and the plan of coordination in the execution of business plans among units in the Corporation. To issue decisions on the organization of the realization of the strategy, overall program, plans and projects already ratified.
3. To elaborate investment projects, joint venture projects with businesses inside and outside the country, economic contracts of great value of the Corporation, plans of production and business, and management organization to submit to the Managing Board for adoption as stipulated in Article 9 (Item 5). To decide small investment projects and to organize the implementation of these decisions;
4. To elaborate and submit to the Managing Board for issuing, or to issue by himself with the mandate of the Board, the economic and technical norms, products standards, unit price of the wages, unit prices and norms in specialized construction, whole sale price of electricity, and the prices of services within the Corporation, in conformity with the common regulations of the Service and of the State. To carry out, and inspect the execution by the member units, of the decisions on norms, standards and unit prices in the whole Corporation.
5. To propose to the Managing Board to submit to the Minister of Energy to appoint, dismiss, commend or discipline the Deputy General Directors of the Corporation; to propose to the Managing Board to appoint, dismiss, commend or discipline the Deputy General Directors of the Corporation; to propose to the Managing Board to appoint, dismiss, commend and discipline the Directors of member units. To appoint, dismiss, commend or discipline the Deputy Directors of member units, and the Directors of the units attached to the member units, at the proposal of the Director of the member units. To appoint, dismiss, commend or discipline the Head, Deputy Heads of Departments and of the Office of the managerial apparatus of the Corporation.
To elaborate and submit to the Managing Board to ratify the general payroll of the managerial apparatus of the Corporation, and the plan of readjustment in case of a change of the organization and personnel of the managerial apparatus of the Corporation and the member units; to directly set up and direct the managerial apparatus of the Corporation, inspect the payroll of the managerial apparatus of the member units; to ratify the plan for reorganization, creation or dissolution of the units attached to the member units.
6. To propose to the Managing Board to adjust the capital and other resources when reallocating them to the member units, and readjust them when a change occurs in the tasks of the member units, in the form of increasing or reducing the capital. To carry out and direct the Financial Company of the Corporation to carry out the mobilization and lending of capital, to meet the need in capital of the Corporation and of the member units. To issue decisions on the raising and utilization of the concentrated funds of the Corporation.
7. To set up the concentrated funds of the Corporation as prescribed by the Government, under the guidance of the Ministry of Finance and the decisions of the Managing Board. These include:
a/ The development investment fund set up from the capital depreciation fund and the re-investment profit.
The capital depreciation fund, and the reinvestment profit of dependent accounting businesses shall be concentrated at the Corporation for investment, according to annual plans.
...
...
...
b/ The scientific research and full-time training fund to be allocated to the non-business units of the Corporation. This fund shall derive from the production development fund of the member units and the non-business units and training expenditures allocated by the State budget (if any). In addition, the non-business units of the Corporation are also allowed to carry out contracts on scientific research and training signed with other businesses inside and outside the Corporation, with a view to supplementing its own budget.
c/ The financial reserve fund, the bonus fund and the welfare fund at the Office of the Corporation to be set up under the guidance of the Ministry of Finance.
d/ The medical insurance fund to be set up under the guidance of the Ministry of Finance and the Ministry of Health.
8. To pay different kinds of tax, arising from the business activities conducted under the system of concentrated accounting, as prescribed by law. The Corporation shall not have to pay turnover tax for the revenue resulting from the wholesale of electricity within the Corporation. The properties transferred within the Corporation shall not have to pay fees, or property transfer and registration tax.
9. To elaborate the annual general financial report (including the property review) of the Corporation, with a clear break-down of the concentrated accounts of the Corporation and the accounts of the independent accounting member units, to submit to the Managing Board for ratification. The general financial report must be based on the documents already certified by the legal audit agency.
10. To issue decisions beyond his jurisdiction in emergency cases (such as natural calamities, enemy sabotage, fires, accidents), and take responsibility for these decisions. At the same time, he shall have to report them immediately to the Managing Board and the competent agencies for continued settlement.
MEMBER UNITS OF THE CORPORATION
...
...
...
The member units have the legal status, their own seals and offices, are allowed to open their own bank accounts in conformity with the method of accounting stipulated at the Statute of the Corporation and the specific Statute of each member unit.
1. In the strategy and development investment:
a/ The business is assigned or empowered to organize the implementation of investment projects for the development, under the plans of the Corporation. It is assigned resources by the Corporation for the realization of these projects.
b/ The business shall make investments of its own, in the projects and plans of development outside the projects directly run by the Corporation, with fund raised by the business itself, which also takes financial responsibility.
2. In the production and business activities: The business shall work out its plan and organize its implementation on the following bases:
a/ It must assure the targets, objectives, the major balances, the main economic and technical norms (including unit prices and prices) of the business, in line with the common plan of the Corporation.
b/ The plan for expanding production and business, through the optimum use of all resources at the disposal of the business or mobilized by it, in conformity with the demand of the market.
3. In financial activities and economic accounting:
...
...
...
b/ The business is entitled to mobilize fund and other credits according to law, in order to carry out its production and business plans, and its development investment programs.
c/ The business is entitled to set up its own investment fund for capital construction, the fund for production expansion, the bonus fund, the welfare fund, and the financial reserve fund, as stipulated by the State. The business has the duty to contribute to the common concentrated funds of the Corporation, and is entitled to benefit from these funds, as stipulated in this Statute, and according to the decision of the Managing Board of the Corporation.
d/ In its capacity as an independent economic juridical person, the business shall have to pay different kinds of tax and to discharge its other financial obligations (if any) to the State as prescribed by law.
e/ The business may be empowered by the Corporation to sign on its behalf, and carry out contracts with customers inside and outside the country.
4. In the domain of organization, personnel and labor:
a/ The business is entitled to propose to the Corporation to examine and decide, or to be empowered by the Corporation to decide on, the organization, dissolution or merger of its member units and its managerial apparatus, as provided for in the Statute of the Corporation and its own Statute.
b/ Depending on the needs in its activities, a member unit of the Corporation may set up its own dependent units. These units shall effect dependent accounting, have their seals conforming to the model of the State businesses, can open their accounts at the banks, and sign economic contracts, according to the regime of power assignment and mandate applied to the member businesses of a corporation.
c/ In the framework of the overall payroll allowed by the Corporation, a member unit can recruit, assign or lay off employees in its managerial apparatus. The appointment or dismissal of managerial employees in the apparatus and in the member units shall abide by the system of assignment of powers, stipulated in Article 9 (Item 7) and Article 15 (Item 5) of this Statute.
d/ The business has the right and responsibility to care for the development of the manpower resource, in order to ensure the realization of the production and business tasks, and its development strategy; care for the improvement of the working and living conditions of the laborers, under the Labor Law and the Trade Union Law.
...
...
...
The authority to effect the Items mentioned above is valid only when there is an assignment or delegation of powers in writing by the Corporation.
The Financial Company carries out the task of mobilizing capital and lending capital, aimed at meeting the need in capital of the Corporation and the member units in these forms: preferential credit loans from the Government, commercial credit from banks and financial organizations inside and outside the country; issue of stocks, and business and project bonds; purchase and sale of valued papers and certificates; mobilization of idle money among the workers and employees within the Corporation.
The Financial Company shall implement the investment projects of the Corporation and other services stipulated in the Statute and Regulations of the Financial Company. With regard to major projects, the investors shall directly sign contracts, and the Financial Company shall carry out the service function.
The units shall use capital of the Financial Company on the principle of borrowing and repaying, carry out the regime of internal interest rate proposed by the Financial Company and ratified by the General Director of the Corporation with the mandate of the Managing Board.
The Business Council shall be set up on the basis of the mutural agreement between the business Director and the Executive Committee of the business Trade Union under the leadership of the Party Committee at the business.
The Business Council shall have to develop the right to mastery of the workers and employees, suggests to the business Director measures to achieve the production and business plans, and development investment plans of the business; examine and decide the use of the bonus fund and the welfare fund, at the proposal of the business Director, direct the Workers' Inspection Committee to supervise and inspect the implementation by the business of the resolutions of the Workers and Employees' Congress, the Statute of the business, and the policies and laws of the State within the business.
...
...
...
PARTY ORGANIZATION AND MASS ORGANIZATIONS IN THE CORPORATION
REORGANIZATION, DISSOLUTION, BANKRUPTCY
...
...
...
The Statute takes effect as from the date of the signing of the Decree on its promulgation.
(Attached to the Statute on the Organization and Operation of the Vietnam Electricity Corporation)
...
...
...
1. The Electric Company 1
2. The Electric Company 2
3. The Electric Company 3
4. The Hanoi City Electric Company
5. The Ho Chi Minh City Electric Company
6. The Electric Construction and Assembly Company 1
7. The Electric Construction and Assembly Company 2
8. The Electric Construction and Assembly Company 3
9. The Electric Construction and Assembly Company 4
...
...
...
11. The Electric Survey and Design Company 1
12. The Electric Survey and Design Company 2
13. The Electric Information - Telecommunication Company
14. The Electric Financial Company.
II. THE DEPENDENT ACCOUNTING STATE-OWNED BUSINESSES:
1. The Pha Lai Thermo-Electric Power Plant
2. The Uong Bi Thermo-Electric Power Plant
3. The Ninh Binh Thermo-Electric Power Plant
4. The Thu Duc Thermo-Electric Power Plant
...
...
...
6. The Ba Ria Power Plant
7. The Hoa Binh Hydro-Electric Power Plant
8. The Thac Ba Hydro-Electric Power Plant
9. The Vinh Son Hydro-Electric Power Plant
10. The Tri An Hydro-Electric Power Plant
11. The Thac Mo Hydro-Electric Power Plant
12. The Da Nhim Hydro-Electric Power Plant
13. The Electric Transmission Company 1
14. The Electric Transmission Company 2
...
...
...
16. The Electric Transmission Company 4
17. The National Electric Distribution Center
III. NON-BUSINESS UNITS:
1. The Energy Institute
2. The Electricity Information Center
3. The Scientific Research-Technology-Environmental and Computer Center.-